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HomeMy WebLinkAbout20211829 Ver 1_Threatened Endangered Species Survey and Report_20220210HABITAT ASSESSMENT S RESTORATION PROFESSIONALS Xiaolin "Martin" Deng, PE Engineering Director STV Engineers, Inc. 900 West Trade St., Suite 715 Charlotte, North Carolina 28202 301 McCullough Drive, Suite 400 Charlotte, North Carolina 28262 Office: 704.841.2841 Fax: 704.841.2447 Email: info@habitatassessment.com www.habitatassessment.com A WOMAN -OWNED SMALL BUSINESS Celebrating 25 years! Subject: Irwin Creek Tributary to Remount Road Wastewater Improvement Project Threatened and Endangered Species Survey and Report Dear Mr. Deng, May 5th, 2021 Thank you for allowing us to assist you with the Irwin Creek Tributary to Remount Road Wastewater Improvement Project. In accordance with the Agreement to Provide Environmental Services, Habitat Assessment and Restoration Professionals (HARP) performed Environmental Investigations of the subject site for the presence of rare, threatened, or endangered species or habitat. Our findings are summarized below. Background The Irwin Creek Tributary to Remount Road Wastewater Improvement Project is intended to rehabilitate the existing Remount Road Sewer Basin connecting to the existing Irwin Creek Sewer Basin, North of 1-77. The Irwin Basin Tributary to Remount Road Sanitary Sewer Improvements Project is a design -build contract intended to increase the capacity of the Remount Road Sewer Basin. As large portions of the city are being rezoned as Transit Oriented Development (TOD) districts, and many development projects are planned for the area, the basin is anticipated to continue to see increased population growth, causing capacity restraints on the existing sewer system to meet the needs of the growing population in an urban area. Based on provided GIS mapping and record drawings, the existing Remount Road Basin consists of 8-inch, 10-inch, and 12-inch vitrified clay pipe (VCP), connecting to existing 39-inch VCP just North of 1-77. All sewer lines are owned and maintained by Charlotte Water. This project includes segments of gravity sewer to be replaced in place within the Remount Basin area, as well as a stretch of proposed sewer main crossing 1-77, through Southside Park. The proposed alignment consists of over 10,000 linear feet of 12-inch to 30-inch sewer. The replacement sewer lines will be constructed in NCDOT and CDOT rights -of -way, along W. Tremont Avenue, S. Tryon Street, Brookhill Road, Dunavant Street, Remus Road and Griffith Street and through properties owned by Mecklenburg County. (Attachment A — Figure 1). The proposed alignment will tie-in to the existing 54" Irwin Relief Sewer Line located just West of Irwin Creek. The study corridor is located in the Piedmont Physiographic Province of North Carolina. Prior to the site visits, HARP reviewed various resources, including the U.S. Geological Survey (USGS) topographic quadrangle map (Attachment A — Figure 2), National Wetlands Inventory (NWI) mapping, aerial photography, U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Soil Series Data for Mecklenburg County, North Carolina (2002) (Attachment A — Figure 3), and the FEMA National Flood Hazard mapping to help identify potential habitat within the study corridor. STREAM AND WETLAND RESTORATION AND DELINEATION -RESTORATION PLANTING -RAIN GARDEN, POND, AND WATER QUALITY BMP MAINTENANCE AND DESIGN -MITIGATION MONITORING -INVASIVE SPECIES MANAGEMENT-404/401 WATER QUALITY PERMITTING SITE INSPECTION -THREATENED AND ENDANGERED SPECIES SURVEYS- PHASE I AND PHASE 2 ENVIRONMENTAL SITE ASSESSMENTS SUPPLIER OF NATIVE TREES, SHRUBS, AND PLANTS -HARP IS A WOMAN -OWNED SMALL BUSINESS -ESTABLISHED 1996 CELEBRATING 25 YEARS OF ENVIRONMENTAL EXCELLENCE! IRWIN CREEK TRIBUTARY TO REMOUNT ROAD MAY STH, 2021 WASTEWATER IMPROVEMENT PROJECT THREATENED AND ENDANGERED SPECIES SURVEY AND REPORT Methodology In October 2020 and May 2021, HARP scientists Brandon Phillips and Genevieve Honeycutt conducted a review of the study corridor to evaluate the area for the presence of Threatened and/or Endangered Species and habitat. Prior to this survey, the North Carolina Natural Heritage Program's (NCNHP) and United States Fish and Wildlife Service (USFWS) IPaC online databases were queried for the possible occurrence of threatened and/or endangered species or habitat that could potentially be located on or near the site (Attachment B- Regulatory Agency Correspondence). The NCNHP database indicated that the federally listed endangered Carolina Heelsplitter (Lasmigona decorata) has historically been documented to be within the proposed project corridor, as well as within a one -mile radius of the proposed project corridor. The database also revealed that the federally listed endangered Smooth Coneflower (Echinacea laevigata) and the state listed endangered species Tall Larkspur (Delphinium exaltatum) have been historically documented to be within a one -mile radius of the proposed project corridor. The state listed significantly rare -disjunct Pale Coneflower (Echinacea pallida) has also historically been documented as being within one -mile of the property as well. The findings are summarized below. Findings The project study area consists of existing roadways/roadside areas with residential and commercial buildings (Attachment C - Photo 1), along with some maintained/disturbed open field areas including areas within Charles L. Sifford Golf Course (Attachment C - Photo 2) and Southside Park (Attachment C - Photo 3). The study property roadside areas and maintained/disturbed areas are dominated by grass species such as Lolium, Festuca and Poa spp., with various landscape species and planted tree species along the length of the proposed project alignment. The project corridor crosses Irwin Creek (Attachment C - Photo 4) as well as an unnamed tributary (UT) of Irwin Creek (Attachment C — Photo 5). These areas have overstory species consisting primarily of Tulip Tree (Liriodendron tulipfera), American Sycamore (Platanus occidentalis), Sugarberry (Celtis laevigata), American Elm (Ulmus americana), Cottonwood (Populus deltoides), Sweetgum (Liquidambar styraciflua), Box Elder (Acer negundo), Red Maple (Acer rubrum and Acer rubrum var. trilobum), Sugar Maple (Acer saccharum), Northern Red Oak (Quercus rubra), Southern Red Oak (Quercus falcata), Willow Oak (Quercus phellos), White Oak (Quercus alba), Black Walnut (Juglans nigra), Shagbark Hickory (Carya ovata), and Mockernut Hickory (Carya tomentosa). Common understory species seen included Silky Dogwood (Swida amomum), Flowering Dogwood (Benthamidia florida), Ironwood (Carpinus caroliniana), Green Ash (Fraxinus pennsylvanica), Red Mulberry (Morus rubra), Tag Alder (Alnus serrulata), American Holly (Ilex opaca), Magnolia (Magnolia sp.), Winged Elm (Ulmus alata), Sassafras (Sassafras albidum), Japanese Holly -Fern (Cyrtomium falcatum), and Rose of Sharon (Hibiscus syriacus), as well as sapling to small shrub size tree species that are listed in the overstory species. The herbaceous groundcover consisted of Curly Dock (Rumex crispus), Burdock (Arctium lappa), Blackberry (Rubus occidentalis), Fig Buttercup (Ficaria verna), Common Blue Violet (Viola sororia), Wild Strawberry (Fragaria vesca), Wild Garlic (Allium vineale), Dayflower sp. (Commelina sp.), Common Water Plantain (Alisma plantago-aquatica), Pokeweed (Phytolacca decandra), Hawkweed (Hieracium sp.), Everlasting Pea (Lathyrus latifolius), Hemlock (Conium maculatum), Periwinkle (Vinca minor), Moss spp. (Bryophyte spp.), and Christmas Fern (Polystichum acrostichoides). Woody vines consisted of Virginia Creeper (Parthenocissus quinquefolia), Smilax spp. (Smilax rotundifolia and Smilax glauca), Trumpet Creeper (Campsis radicans), Crossvine (Bignonia capreolata), with Grape spp. (Vitis aestivalis and Vitis rotundifolia) and Poison Ivy (Toxicodendron radicans) being the most dominant throughout the entire project area. IRWIN CREEK TRIBUTARY TO REMOUNT ROAD MAY FJTH, 2021 WASTEWATER IMPROVEMENT PROJECT THREATENED AND ENDANGERED SPECIES SURVEY AND REPORT Other species that were found only in certain areas within the proposed project alignment include tree species of Black Willow (Salix nigra) and Silver Maple (Acer saccharinum), with shrub and herbaceous species including Elderberry (Sambucus nigra var. canadensis), Horsetail (Equisetum hyemale), Soft Rush (Juncus effusus), Sedge spp. (Carex spp.), and Marsh Seedbox (Ludwigia palustris). Invasive species found throughout the proposed project alignment include Chinese Privet (Ligustrum sinense), Japanese Privet (Ligustrum japonicum), Russian Olive (Elaeagnus angustifolia), Autumn Olive (Elaeagnus umbellate), Heavenly Bamboo (Nandina domestics), Mimosa (Albizia julibrissin), Japanese Honeysuckle (Lonicera japonica), Princess Tree (Paulownia tomentosa), English Ivy (Hedera helix), and Japanese Stiltgrass (Microstegium vimineum). Species with the federal classification of Endangered (E) or Threatened (T), or Proposed (P) for such listing, or Threatened due to Similarity of Appearance (T [S/A]) are protected under the Endangered Species Act (ESA), as amended (16 United States Code (USC) 1531 et seq.). The term "Endangered species" is defined as "any species which is in danger of extinction throughout all or a significant portion of its range", and the term "Threatened species" is defined as "any species which is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range" (16 USC 1532). The term "Proposed" is defined as "any species proposed for official listing as Endangered or Threatened." "Federal species of concern" (FSC) is defined as "a species that may or may not be listed in the future; or a species under consideration for listing for which there is insufficient information to support a listing." "Candidate" (C) species are taxons under consideration for which there is insufficient information to support a listing. The FSC and C designation are afforded no federal protection under the ESA. The list of endangered, threatened, and rare plants is tracked and maintained by NCNHP. IRWIN CREEK TRIBUTARY TO REMOUNT ROAD MAY FJTH, 2021 WASTEWATER IMPROVEMENT PROJECT THREATENED AND ENDANGERED SPECIES SURVEY AND REPORT Table 1 Federal and State -Listed Species in Mecklenburg County Common Name Scientific Name Federal Status State Status Vertebrates Atlantic Hi hfin Car sucker Car iodes s . cf. velifer None SC Star -nosed Mole Coastal plain pop.) Cond lura cristata pop.1 None SC Timber Rattlesnake Crotalus horridus None SC Carolina Darter Etheostoma collis FSC SC American Peregrine Falcon Falco peregrinus anatum None E Bald Eagle Haliaeetus leucocephalus BGEPA T loggerhead Shrike Lanius ludovicianus None SC, W2 Florida Yellow Bat Lasiurus intermedius floridanus None SC Northern Long -Eared Bat M otis se tentrionalis T T Oldfield Deermouse Perom scus polionotus None SC Invertebrates Bumblebee Bombus affinis E SR -Rusty-Patched Carolina Heels litter Lasmi ona decorata E E Stro hitus undulatus None T -Creeper Notched Rainbow Villosa constricta None T Carolina Creekshell Villosa vau haniana None E Vascular Plants Carolina Birdfoot-Trefoil Acmis on helled None SC-V Southern Anemone Anemone berlandied None E Prairie Anemone Anemone caroliniana None E Dissected Toothwort Cardamine dissecta None SC-V Carolina Thistle Cirsium carolinianum None E Piedmont Horsebalm Collinsonia tuberosa None SC-V Tall Larkspur Delphinium exaltatum None E Sessile Tick -Trefoil Desmodium sessilifolium None SC-H Smooth Coneflower Echinacea laevigata E E Schweinitz's Sunflower Helianthus schweinitzii E E Sweet Pinesap Monotro sis odorata None SC-V Shooting -Star Primula meadia None T Michaux's Sumac Rhus michauxii E E Alabama Grape -Fern Sce tridium jenmanli None SC-V Georgia Aster Symphyotrichum georgianum C T Virginia Spiderwort Tradescantia virginiana None T Federal Protection Status E=Endangered — A taxon in danger of extinction through all or a significant portion of its range. T=Threatened — A taxon likely to become an endangered species within the foreseeable future throughout all or a portion of its range. C=Candidate — A taxon under consideration for listing for which there is sufficient information to support listing. BGEPA=Bald and Golden Eagle Protection Act — In the July 9, 2007 Federal Register, the bald eagle was declared recovered, and removed (de -listed) from the Federal List of Threatened and Endangered wildlife, effective on August 8, 2007. The bald eagle continues to be afforded protection pursuant to the Bald and Golden Eagle Protection Act. FSC=Federal Species of Concern — A species under consideration for listing, for which there is insufficient information to support current listing. NC Protection Status SC=Special Concern —A taxon that requires monitoring, but which may be taken under regulations adopted under the provisions of Article 25 of Ch 113. SC-H=Special Concern -Vulnerable — Any species or higher taxon of plant that occurred in North Carolina at one time, but for which all known populations are currently considered to be either historical or extirpated. SC-V=Special Concern -Vulnerable — Any species or higher taxon of plant which is likely to become a threatened species within the foreseeable future. SR=Significantly Rare — Any species which has not been listed as an Endangered, Threatened, or Special Concern, but which exists in the state in small numbers and has been determined by the NCNHP to need monitoring. W2=Rare but Relatively Secure — A taxon whose status in N.0 is relatively well known and appear to be relatively secure at this time. Source: North Carolina Natural Heritage Program website, https://www.ncnhp.org/data/speciescommunity-search. Accessed October 2020 IRWIN CREEK TRIBUTARY TO REMOUNT ROAD MAY FJTH, 2021 WASTEWATER IMPROVEMENT PROJECT THREATENED AND ENDANGERED SPECIES SURVEY AND REPORT There are currently five federally endangered species listed by the USFWS that are protected under the Endangered Species Act within Mecklenburg County. These species are Rusty -Patched Bumblebee (Bombus affinis), Carolina Heelsplitter (Lasmigona decorata), Smooth Coneflower (Echinacea laevigata), Schweinitz's Sunflower (Helianthus schweinitzii), and Michaux's Sumac (Rhus michauxi/). The USFWS also lists the candidate species Georgia Aster (Symphyotrichum georgianum), as well as a threatened species, the Northern Long -Eared Bat (Myotis septentrionalis). Table 2 shows the Federally Endangered/Threatened Species in Mecklenburg County. Table 2 Federally Endangered/Threatened Species in Mecklenburg County Species Federal County Potential Habitat t Biological Status Occurrence Conclusion Common Name Scientific Name Rusty -Patched Bumblebee Bombus affinis E Historical y No Effect Smooth Coneflower Echinacea laevigata E Current y No Effect Bald Eagle Haliaeetus BGEPA Current n No Effect leucoce halus Schweinitz's Sunflower Helianthus schweinitzii E Current y No Effect Carolina Heelsplitter Lasmigona decorata E Current n No Effect Northern Long -Eared Bat Myotis septentrionalis T Historical y No Effect Michaux's Sumac Rhus michauxii E Current y No Effect Georgia Aster Symphyotrichum C Current y No Effect georgianum Federal Protection Status E=Endangered — A taxon in danger of extinction through all or a significant portion of its range. T=Threatened —A taxon likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. C=Candidate — A taxon for which the USFWS has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as endangered or threatened. The USFWS encourages state and other federal agencies, as well as other affected parties to consider these taxa in environmental planning. BGEPA=Bald and Golden Eagle Protection Act— In the July 9, 2007 Federal Register, the bald eagle was declared recovered, and removed (de -listed) from the Federal List of Threatened and Endangered wildlife, effective on August 8, 2007. The bald eagle continues to be afforded protection pursuant to the Bald and Golden Eagle Protection Act. Occurrence Current=The species or natural community has been seen recently in the county. Historical=The species or natural community has not been seen recently in the county. Source: North Carolina Natural Heritage Program website, http://www.ncnhp.org/web/nhp-database-search. Accessed October 2020 General surveys were conducted by HARP within the proposed project study area for federally listed species in Mecklenburg County. No Federally listed Threatened or Endangered species were observed within the proposed project corridor. Habitat evaluations were conducted for the Carolina Heelsplitter (Lasmigona decorata), and it was determined that potential habitat does not exist within the proposed project corridor. A summary for each Federally Endangered/Threatened listed species within the proposed project area are below. IRWIN CREEK TRIBUTARY TO REMOUNT ROAD MAY STH, 2021 WASTEWATER IMPROVEMENT PROJECT THREATENED AND ENDANGERED SPECIES SURVEY AND REPORT Bombus affinis (Rusty -Patched Bumblebee). Federal Listed Endanaered The Rusty -Patched Bumblebee was once commonly found across the northern part of eastern North America, extending south along the Appalachian Mountains and lives in a variety of habitats, including prairies, woodlands, marshes, farms, parks, and gardens. Rusty -Patched Bumblebees are typically found in areas that contain natural and semi -natural upland grassland, shrubland, woodlands, and forests. They may also be found in urban or suburban areas that contain nesting habitat, nectar and pollen resources, and overwintering habitat. In the spring they are often found in and nearwoodland habitats. The rusty -patch varies greatly in color, from brown to orange. The rusty -patch appears on the second segment of the abdomen. The hairs on the thorax of the Rusty -Patched Bumblebees are yellow with a T-shaped area of black hairs with the top part of the T stretching between the wings with a thin line extending down the middle towards the back of the thorax. The Rusty -Patched Bumblebee is listed as historical in Mecklenburg County. Potential habitat for the Rusty -Patched Bumblebee is limited within the project study area. There is no natural or semi -natural upland grassland, shrubland, or forests. There is limited nesting habitat, nectar, and pollen resources. The NC Natural Heritage Program (NCNHP) website was reviewed to determine the locations of the nearest populations of Rusty -Patched Bumblebee. The NCNHP determined that no populations of Rusty - Patched Bumblebee were present within one mile of the project study properties. No individuals were observed during field surveys of the study area. Based on the field review and the available databases, it is determined that this project will have `no effect' on the Rusty -Patched Bumblebee. Echinacea laevigata (Smooth Coneflower), State and Federal Listed Endangered Smooth Coneflower is a perennial herbaceous plant with large leaves that may reach eight inches in length and three inches in width and taper into long leafstalks toward the base. The leaves are smooth to slightly rough in texture. Smooth Coneflower is a composite, a cluster of flowers grouped together to form a single flower-like structure. Smooth Coneflower has narrow, drooping, light pink to purplish petals that emerge rolled and appear string -like. The petals look droopy shortly after the flowers open. Smooth Coneflower is typically found in meadows, open woodlands, the ecotonal regions between meadows and woodlands, cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights -of -way. In North Carolina, the species normally grows in magnesium and calcium rich soils associated with gabbro and diabase parent material, and typically occurs in Iredell, Misenheimer, and Picture soil series. It grows best where there is abundant sunlight, little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire regime, well-timed mowing, careful clearing) that prevents encroachment of shade -producing woody shrubs and trees. On sites where woody succession is held in check, it is characterized by various species with prairie affinities. The Smooth Coneflower is listed as current in Mecklenburg County. The study area has open areas and edges of upland woods that may provide the proper habitat requirements preferred by this species. The NCNHP determined that populations of Smooth Coneflower have historically been present within one mile of the project study area. No individuals of Smooth Coneflower were observed during field surveys of the study area conducted by HARP in October 2020 or May 2021, during the optimal survey window. Based on the field review and the available databases, it is determined that this project will have `no effect' on Smooth Coneflower. Helianthus schweinitzii (Schweinitz's Sunflower), State and Federal Listed Endangered Schweinitz's Sunflower is a perennial herbaceous plant limited to the Piedmont counties of North and South Carolina and the coastal county of Horry County, South Carolina. The plant grows from one to two meters tall from a cluster of tuberous roots. The sunflower consists of a flower with a yellow disk and ray flowers formed on small heads. The disc is less than 1.5 cm across, and the petals are two to three cm long. The lanceolate leaves are opposite on the lower stem and alternate near the flowers. The typical habitat for this plant includes roadsides, old pastures, transmission line rights -of -way, open areas, and edges of upland IRWIN CREEK TRIBUTARY TO REMOUNT ROAD MAY STH, 2021 WASTEWATER IMPROVEMENT PROJECT THREATENED AND ENDANGERED SPECIES SURVEY AND REPORT woods. Periodically maintained rights -of -way are typically considered good potential habitat for the Schweinitz's Sunflower. Major characteristics of soils associated with suitable Schweinitz's Sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, soils that are clayey in texture (and often with substantial rock fragments), soils that have a high shrink -swell capacity and soils that vary over the course of the year from very wet to very dry. Flowering occurs from August to the first frost of the year. No populations have been identified within one mile of the project study area. Schweinitz's Sunflower is listed as current in Mecklenburg County. The study area has the open areas and edges of upland woods that may provide the proper habitat requirements preferred by this species. The NCNHP determined that no populations of Schweinitz's Sunflower were present within one mile of the project study area. No individuals of Schweinitz's Sunflower were observed during field surveys of the study area conducted by HARP in October 2020, during the optimal survey window, or in May 2021. Based on the field review, and the available databases, this project will have ,no effect' on Schweinitz's Sunflower. Lasmigona decorata (Carolina Heelsplitter), State and Federal listed Endangered The Carolina Heelsplitter is a freshwater mussel which has an ovate, trapezoidal shell. The surface of this species is yellowish, greenish, or brownish with greenish, blackish rays. The inner shell ranges from iridescent to mottled pale orange. The average size of the Carolina Heelsplitter is 78 millimeters (mm). The Carolina Heelsplitter is found in small to large streams and rivers as well as ponds over a variety of substrates usually near stable, well -shaded stream banks. Most individuals are found in undercuts and along shaded banks stabilized with extensive tree roots, buried logs or rocks. The Carolina Heelsplitter requires waterways with well oxygenated clean water. Pursuant to the USFWS Carolina Heelsplitter 5-Year Review: Summary and Evaluation 2017, eleven populations of this mussel are presently known to exist, three of which occur within North Carolina. Two small remnant populations occur in the Catawba River system; one population occurs in Waxhaw Creek in Mecklenburg County, and one population occurs in Sixmile Creek in Mecklenburg County. Another small population occurs in a short stretch of Goose Creek, a tributary to the Rocky River in the Pee Dee River system, also in Mecklenburg County. Potential habitat does not exist within the project study corridors. Potential habitat characteristics such as undercut shaded banks with extensive root systems and buried logs and rocks within the channel were not observed in Doby Creek. The NC Natural Heritage Program (NCNHP) website was reviewed to determine the locations of the nearest populations of Carolina Heelsplitter. The NCNHP determined that no populations of Carolina Heelsplitter were present within one mile of the project study properties. No individuals were observed during field surveys of the study area. Based on the field review, and the available databases, it is determined that this project will have `no effect' on the Carolina Heelsplitter. Myotis septentrionalis (Northern Long -Eared Bat), State and Federal listed Threatened In North Carolina, the Northern Long -Eared Bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long-distance migrant, and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern North Carolina. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >_3 inches dbh). Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. IRWIN CREEK TRIBUTARY TO REMOUNT ROAD MAY STH, 2021 WASTEWATER IMPROVEMENT PROJECT THREATENED AND ENDANGERED SPECIES SURVEY AND REPORT Based on a review of the USFWS database, no known NLEB hibernation or maternity sites have been documented in Mecklenburg County. There is limited suitable habitat for NLEB foraging and summer roosting that is present in the study properties. The NCNHP determined that no populations of NLEB were present within one mile of the project study area. No individuals of this species were observed during field surveys. Therefore, based on the habitat requirements for NLEB and the limited habitat within the study properties, this species is not expected to be found within the project study properties. It has been determined that this project will have "no effect" on NLEB. Rhus michauxii (Michaux's Sumac), State and Federal listed Endangered Michaux's Sumac is a rhizomatous, densely hairy shrub, with erect stems from one to three feet in height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets. Most plants are unisexual; however, more recent observations have revealed plants with both male and female flowers on one plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering usually occurs from June to July; the fruit, a red drupe, is produced through the months of August to October. Michaux's Sumac grows in sandy or rocky open woods in association with basic soils. This plant reportedly survives best in areas where some form of disturbance has provided an open area. This plant is restricted to seven counties in North Carolina and is listed as current in Mecklenburg County. No individuals of Michaux's Sumac were observed during field surveys of the project study property conducted by HARP in October 2020 or May 2021, during the optimal survey window. The NCNHP website was reviewed to provide the locations of the nearest populations of Michaux's Sumac. The NCNHP determined that no populations of Michaux's Sumac were present within one mile of the project study area. The project study has the proper habitat requirements preferred by this species but there are no known populations within the proximity of the site, so it is unlikely that Michaux's Sumac would be found in the study area. Based on the field review, and the available databases, it is determined that this project will have `no effect' on Michaux's Sumac. Federal Candidate Species Federal Candidate Species (C) are taxa for which the USFWS has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as endangered or threatened. Development and publication of proposed rules on these taxa are anticipated. The USFWS encourages state and other federal agencies, as well as other affected parties to consider these taxa in environmental planning. As indicated on Table 1, there is one federal candidate plant species in Mecklenburg County, i.e., the Georgia Aster (Symphyotrichum georgianum). The NCNHP determined that no populations of Georgia Aster were present within one mile of the project study area. No individuals of Georgia Aster were observed during direct field surveys of the study area conducted by HARP in October 2020, during the optimal survey window, or in May 2021. Based on the field review and the available databases, it is determined that this project will have ,no effect' on the Georgia Aster. Federal Species of Concern Federal species of concern (FSC) are not afforded federal protection under the ESA and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Federal species of concern are defined as those species that may or may not be listed in the future. These species were formally candidate species or species under consideration for listing for which there was insufficient information to support a listing of Endangered, Threatened, Proposed Endangered or Proposed Threatened. As indicated on Table 1, there is one federal species of concern in Mecklenburg County, i.e., the Carolina Darter (Etheostoma collis). The NCNHP determined that no populations of Carolina Darter were present within one mile of the project study properties. No individuals were observed during field surveys of the study area. Based on the field review and the available databases, it is determined that this project will have `no effect' on the Carolina Darter. IRWIN CREEK TRIBUTARY TO REMOUNT ROAD MAY FJTH, 2021 WASTEWATER IMPROVEMENT PROJECT THREATENED AND ENDANGERED SPECIES SURVEY AND REPORT State Listed Species In North Carolina, Endangered, Threatened, and Special Concern animals have legally protected status through the North Carolina Wildlife Resources Commission (NCWRC) and plants have legally protected status through the North Carolina Plant Conservation Program (NCPCP). Significantly Rare designations indicate rarity and the need for population monitoring and conservation action. However, it is a non -regulatory NC Natural Heritage Program designation (NCNHP). The NCNHP also maintains Watch Lists for species of plants and animals that are rare or uncommon, are not well studied, or are otherwise threatened with serious decline but are not currently legally protected or designated as Significantly Rare. Bald Eagle and Golden Eagle Protected Species The Bald Eagle was removed from the Federal List of Threatened and Endangered Species, effective on August 8, 2007. The Bald Eagle continues to be afforded protection pursuant to the Bald and Golden Eagle Protection Act. Habitat for the Bald Eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large, dominant trees are utilized for nesting sites, typically within one mile of open water. Suitable habitat for Bald Eagle does not exist in the study corridors. A field review was conducted by HARP in October 2020, and May 2021. No individuals of this species were observed during field survey. The NCNHP determined that no populations of Bald Eagle were present within one mile of the project study area. The surveys revealed limited potential foraging habitat within the project study corridors and within the immediate project vicinities. There are no large bodies of water located within the study area or within one mile of the study area. Therefore, based on the habitat requirements for Bald Eagle and the limited habitat within the study corridors and immediate vicinities, this species is not expected to be found within the project study corridors, and it is determined that this project will have `no effect' on the Bald Eagle. Closing We appreciate the opportunity to perform these services on this important project. Please do not hesitate to contact any of the undersigned if you have any questions. Respectfully submitted, t�&"-04a_ Karri Blackmon President Brandon Phillips Senior Scientist Attachment A - Figures Attachment B - Regulatory Agency Correspondence Attachment C - Photographs Genevieve Honeycutt Environmental Scientist Attachment A — Figures i7 J I r19 I r II II I ••ti li ` 11��} w If co o c a c z Cu o y cl) • N c 0 c7 U) E . LZ o a) O E O -0 Al II O O ++ V) > •i p 7 O U p M N k.0 00 00 N c OL c0 U O z O L U � 00 N �'"� -* 00 .04 ^ U_ 4-- N N -:* 00 O n X LL O ++E O N vU is N , n M3 (6 (O } p t >i >i E w =e !_ :-= _ _ � wma�. \ ( � e � m 2 o a- § a _ om § o 2 ).a*a E 2 E 7 0 co m J Cl) a L) £ g 2 $ § ; m �§ [ 2) ) § 0 O / \ // O . § J .a V) LLJ °%® | 06 § 5 2 ■ [ _ \ � ( / \ A § § \ % ƒ / ¢ � 9 § § ! a § k § B o r,4 § §) a)ro \ e\ e a)\ / 7 % { 7 !§ \ 2 \ / 3 L § [ , ,ƒ . \ 2 7 z �} r, _ ; \ \ k u / \ / / / \ ° \ 4 \ / = / 2 LU Attachment 6 — Regulatory Agency Correspondence MEN Roy Cooper. Governor •s ; NC DEPARTMENT OF Susi Hamilton, Secretary ■■ ■■ NATURAL AND CULTURAL RESOURCES 013 0 Walter Clark, director, Land and Water Stewardship NCNHDE-13072 October 14. 2020 Karri Blackmon Habitat Assessment and Restoration Program, Inc. (HARP) 301 McCullough Drive Charlotte , NC 28262 RE: Irwin Creek Dear Karri Blackmon: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerCo�ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. 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Ke ld Ave E Q'a Eo A 910 , a/aaN, � 0 z so 4m n Ras�waY -3 a w o Q � m � 6 U -O N N 1-p N m U N ) N V =3 M a m � a� O ❑ ❑ r J, N a ■ now ■■ ■ NC DEPARTMENT OF ■■�■i NATURAL AND CULTURAL RESOURCES ■ ■■■ Ray Cooper, Governor D. Reid Wilson, Secretary Walker Clark Director, Division of Land and Water5tewwdship NCNHDE-14606 May 4, 2021 Karri Blackmon Habitat Assessment and Restoration Program, Inc. (HARP) 301 McCullough Drive Charlotte , NC 28262 RE: Irwin Creek Tributary to Remount Road Wastewater Improvement Project Dear Karri Blackmon: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESCVRCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. 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The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section Location V \V 1% 1 Mecklenburg County, North Carolina .3i'}yiar 7— hikn w'k x, 'fiWr: .a nwul h 'A„ Park inlan %4 Iu6on �req firll cvv F 3 - wiN Iwln Sileah i:­Wli. �. Local office G�NJ Asheville Ecological Services Field Office It. (828) 258-3939 18 (828) 258-5330 160 Zillicoa Street Asheville, NC 28801-1082 http://www.fws.gov/nc-es/es/countyfr.html Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under theirjurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. https.//ecos.fws.gov/ecp/species/9045 Clams NAME Carolina Heelsplitter Lasmigona decorata There is final critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/3534 Flowering Plants NAME Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Threatened STATUS Endangered STATUS Endangered Schweinitz's Sunflower Helianthus schweinitzii angered No critical habitat has been designated for this species. \01 https://ecos.fws.gov/ecp/species/3849ks Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species https://ecos.fws.gov/ecp/specles/3473 Critical habi is Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act-! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found bell ilp For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME �o� Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. httpL.//ecos.fws.gov/ecp/species/1626 BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE ..................................................................................................... BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN .............................................................................................................. THE TIMEFRAME SPECIFIED, .......................................................................................... WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE ........................................................................................................ WHICH THE BIRD BREEDS ................................................................................... ACROSS ITS ENTIRE RANGE. ......................................................................................... ''BREEDS ELSEWHERE'' INDICATES ............................................................................................................. THAT THE BIRD DOES NOT LIKELY ............................................................................................................. BREED IN YOUR PROJECT AREA.) Breeds Sep 1 to Jul 31 Blue -winged Warbler Vermivora pinus Breeds May 1 to Jun 30 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Cerulean Warbler Dendroica cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/2974 Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. k \3 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability of Presence Summary Breeds Apr 28 to Jul 20 Breeds Apr 20 to Aug 20 Breeds May 1 to Jul 31 A Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 to Aug 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a -X%W\o conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) •..0 Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data( ) q1 %� A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season survey effort no data SPECIES ]AN FFB MAR APR MAY JUN JUL AUG SFP OCT NOV DEC Bald Eagle ++++ ++++ ++I+ ++++ ++-4--4- -4-++— ++++ ++-4-+ -4-+—+ ++++ Non -BCC Vulnerable (This is not a Bird of ............................................. _2=atiS2 Concern (BCC) in this .................................. area, but warrants ............................................ attention because of the Eagle Act c t o r for ,,",,""",,, potential ..... susceptibilities in offshe reaso m ............. certai n types of development or ...................................... activities.) Blue -winged . . . . . . . . .. 4-4- -4--++— ++-4-+ -4 . . . . . . . Warbler B C R (This s a "'"'''"i'"' Bird of .Concern (BCC) only in particular Bird .................................. Conservation Regions .................................................... (BCRs) in the .............................. continental USA) lk Cerulean Warbler ++++ ++++ ++++ + . . . . . . ++ Al—,+++++ BCC.Rangewide dill III (CON)(This'' ', is a Bird ................................................ of Conservation Concern (BCC) ....................... throughout its range .................................... .in.t h.2.continental ............................ USA and Alaska.) ......................................... Kentucky Warbler I -4 . . . . . . . . . .. 4-+ -1--+—+ BCC R - a - n - g - e - w - 1 - d - e - MIL (CON) (This is a Bird ................................................ of Conservation n ...................................... c e r n(BCC) .................................. throughout its range ....................................... .i.n. the.continental ............................ EL �USA and Alaska.) .......................... Prairie Warbler +++ +4-4- ++-4-+ -4--+—+ BCC Rangewide .... ............. .... (CON) (This is a Bi . ......................................... of Conservation Concern (BCC) ...................... throughout its range .................................. .1.91.h.e continental ............................... .U. SA 2.nd Alaska.) .......................... Prothonotary '4-- -1 . . . . . . . . .. 4-+ 4- + + Warbler BCC Rangewide .................................... (CON) (This is a Bird ................................................ a�2!:!=�i.02 Concern (BCC) throu ghout out its range .................................... in the continental ........................................... .U. SA..2.nd Alaska.) .......................... Red-headed IND 11+1 1+11 IIN *011 ++ k11— j++I I+A-+ -4-+-1 1111 Woodpecker BCC Rangewide .................................... (CON) (This is a Bird ................................................ a�2!:!=�i.02 Concern (BCC) throu ghout out its range .................................... in the continental ........................................... .U. SA..2.nd Alaska.) .......................... Rusty Blackbird BCC Rangewide (CON) (This is a Bird ................................................ a Conservation ....................................... Concern (BCC) throughout its range ....................................... in the continental ........................................... USA and Alaska.) ......................................... Wood Thrush BCC Rangewide ..................................... (CON) (This is a Bird ................................................ a Conservation ....................................... Concern (BCC) throughout its range ..................................... in the continental ........................................... USA and Alaska.) ......................................... dk+++ +1+1 ++J +$*. ++++ ++++ ++++ +++. ++++ ++++ ++-1 1111 ++++ ++++ ++++ +111 11+I I+++ I I I I I++— II11 11++ ++.+ ++++ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. AlftionAmeasures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. , What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other species that may warrant special attention in your project location. 4 The migratory bird list generated for your project is deri ed from data provided by the Avian Knowledge Network (AKN),. The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle A, requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN),. This data is derived from a growing collection of survey,, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bi1rd Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities Wildlife refuges and fish hatcheries REFUGE AND FISH HATCHERY INFORMATION IS NOT AVAILABLE AT THIS TIME Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. VO For more information please contact the Regulatory Program of the local . rrmy-�Loap-.L-Odf Engineers District. EML % Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: RIVERINE R2UBHx RSUBH R2UBH tt A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery, thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. �oOe Fo y Attachment C — Photographs � ■�. 2 E o 3 ) & E 0" e 0 g_ E U _ 0 0 > 2 7/� e0-2 o : E £ 2 0 o � k k k � o � Q §�U2 w $ � 7- 0 Lo Ln LU U- O ce CL Z O / � O Ln LU ce k w Z LU » � V) LU (4 � / § 4 I . \ ° \ ® & \ / E S • E { § { \ \ ± _ = u > \ @ 2 ; / 0 \ k � 0 \ � « / \ LL o o \ \ k \ 0 E R .. R E c Eo � •� � 0 a c 'o a N Q Z a o E O U •L L ) yr Q H 0 a> Q — N J Q Z O N N LLJ LL- w CL Z 0 Q Q H tN LJ w 06 H Z W< to N w VI N Q Q m Q Z OO +O+ cn > i 0 s O 7 U g o m N N ONO c m U , o z o � c-I 00 N o r- Qj U O � � N N W 4:t o x O a 0 N U an v � 'Inn s (6 O s 3 3 3 E w TIP ME Fr t Jyy��, a M •I Awn 7 ,3' y>' r � 1 � q•��,r� r r �r� F t i !'fig i-•-^- �` � / L r cs' •�. 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